ADL2601 EXAM MAY/ JUNE 2023 MEMO (ANSWERS & SOLUTIONS) 15 MAY 2023 II DISTINCTION GARUNTEED 75%+ II INCLUDES FOOTNOTES & BIBLIOGRAPHY II JUST PARAPHRASE TEXT & SUBMIT II 060 966 3364 TO BUY VIA
, The audi alteram partem rule is a fundamental principle of South African law that is
enshrined under the bill of rights in the Constitution of the Republic of South Africa. It
means that every litigant is entitled to be afforded a fair public hearing before a court
if such a litigant has a dispute that can be resolved by the application of the law.
The rule consists of the following three elements:
- The right to be informed of the case against oneself and of the evidence on which
it is based.
- The right to be heard in one's own defence, either personally or by a
representative.
- The right to an impartial and unbiased decision by a competent authority.
These elements are also known as the notice, hearing and bias rules respectively.
QUESTION 2
(1) The Constitution of the Republic of South Africa, 1996
(2) Legislation
(3) Case law or judicial precedent
(4) Common law
(5) Administrative practice (custom or usage)
(6) Ubuntu
(7) International law 1
QUESTION 3
Revocation, which means that the administrative authority withdraws or
cancels its own decision;
Variation, which means that the administrative authority changes or modifies
its own decision;
Substitution, which means that the administrative authority replaces its own
decision with a new one;
Lapse, which means that the decision expires or becomes invalid after a
certain period of time or under certain conditions;
Fulfilment, which means that the decision is completed or carried out and no
longer has any effect;
Judicial review, which means that a court reviews the decision and sets it
aside if it is unlawful, unreasonable or procedurally unfair. 2
QUESTION 4
Based on my understanding of South African administrative law, a mandate or an
instruction/command does not qualify as delegation. Delegation is the transfer of
power or authority from one person or body to another, subject to certain conditions
and limitations. A mandate or an instruction/command is merely a direction or order
given by a superior to a subordinate, without transferring any power or authority.
The difference between delegation and mandate/instruction/command can be
1
ADL2601 STUDY GUIDE
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ADL2601 Study Guide
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